Art. 96 Guidelines from the Commission on the implementation of this Regulation | AI act regulation | AI act

This article tasks the Commission with developing practical implementation guidelines to help operators understand and apply the regulation correctly.

It covers a broad range of topics, from the core requirements for high-risk AI systems and prohibited practices, to transparency obligations and the definition of an AI system itself.

Notably, one set of guidelines — those addressing how this Regulation interacts with existing Union harmonisation legislation — must be published by 1 August 2027.

The article also establishes that these guidelines are a living resource, subject to update at the request of Member States or the AI Office, or on the Commission's own initiative.

Important points:

The Commission is required to develop guidelines covering key areas of the regulation, including requirements for high-risk AI systems, prohibited practices, transparency obligations, and the definition of an AI system.
When issuing guidelines, the Commission must involve the Board and pay particular attention to the needs of SMEs, including start-ups, SMCs, local public authorities, and the most affected sectors.
The Commission must update previously adopted guidelines when deemed necessary, whether prompted by Member States, the AI Office, or on its own initiative.

1. The Commission shall develop guidelines on the practical implementation of this Regulation, and in particular on:
  1. ▼M1ModificationReplacedPoint (a) replaced by Regulation (EU) 2026/1744, Article 1(36)(a). Published in the Official Journal 24 July 2026.
    the application of the requirements and obligations referred to in Articles 8 to 15 and in Articles 25 and 26;
  2. the prohibited practices referred to in Article 5;
  3. the practical implementation of the provisions related to substantial modification;
  4. the practical implementation of transparency obligations laid down in Article 50;
  5. detailed information on the relationship of this Regulation with the Union harmonisation legislation listed in Annex I, as well as with other relevant Union law, including as regards consistency in their enforcement;
  6. ▼M1ModificationAmendedWording amended by Regulation (EU) 2026/1744, Article 1(36)(b). Published in the Official Journal 24 July 2026.
    the application of the definition of an AI system as set out in Article 3, point (1);
  7. ▼M1ModificationInsertedPoint (g) inserted by Regulation (EU) 2026/1744, Article 1(36)(b). Published in the Official Journal 24 July 2026.
    the practical implementation of Article 8(2), Article 9(10) and Article 17(3) in accordance with the principle of complementarity and proportionality, with a view to ensuring consistency, avoiding duplication and minimising additional burdens when complying with the requirements of this Regulation and the requirements of the Union harmonisation legislation listed in Section A of Annex I; such guidelines shall be published by 1 August 2027.
2. ▼M1ModificationReplacedSubparagraph of paragraph 1 replaced by Regulation (EU) 2026/1744, Article 1(36)(c). Published in the Official Journal 24 July 2026.
  When issuing such guidelines, the Commission shall involve the Board and pay particular attention to the needs of SMEs, including start-ups, and SMCs, of local public authorities and of the sectors most likely to be affected by this Regulation.
3. The guidelines referred to in the first subparagraph of this paragraph shall take due account of the generally acknowledged state of the art on AI, as well as of relevant harmonised standards and common specifications that are referred to in Articles 40 and 41, or of those harmonised standards or technical specifications that are set out pursuant to Union harmonisation law.
1. At the request of the Member States or the AI Office, or on its own initiative, the Commission shall update guidelines previously adopted when deemed necessary.